President’s FY 2008 Budget Proposes Structural Changes
and Funding Cuts to Key Programs Serving People With Criminal Histories
Departments of Justice and Labor:
Under the President’s recently released budget for fiscal year 2008, funding for several key programs in
the Department of Justice (DOJ) that provide services to people with criminal histories and/or addiction treatment needs would be consolidated into
one grant program. The Byrne Justice Assistance Grant (JAG) Program would be combined with other smaller programs under a proposal included in
the President’s budget, resulting in a new initiative entitled the Byrne Public Safety and Protection Program; programs consolidated into the
proposed $350 million grant program would include:
- the DOJ-portion of the President’s Reentry Initiative (PRI)
- the Drug Court program
- the Residential Substance Abuse Treatment (RSAT) program, which provides drug treatment services to
incarcerated individuals
- prescription drug monitoring programs and
- methamphetamine enforcement and lab cleanup
Additionally, within the Department of Labor, the President’s Budget proposes to consolidate the Prisoner
Reentry Initiative and Responsible Reintegration of Youthful Offenders into a single program, Reintegration of Ex-Offenders. The initiative helps
previously incarcerated adults and youth find jobs, education and training, transitional housing and mentoring when they leave prison and return to
their communities. The 2008 Budget provides a total of $39.6 million in DOL for the new Reintegration of Ex- Offenders program; $20 million of this
amount will be targeted towards programs with demonstrated outcomes in addressing employment and education issues of youth. In FY07, these
programs were funded at a combined level of $68 millions; DOL's FY08 budget proposal for the new combinded program represents a cut of $29.1
million (42 percent).
SAMHSA, Department of Education and National Institutes of Health:
Under the President’s FY 2008 budget, most federal drug and alcohol treatment, prevention, education and
research programs received requests for significant decreases in funding as compared with the FY 2007 Continuing Resolution (CR) Congress approved in
the fall that is funding many federal programs at FY 2006 levels. Although Congress has yet to complete the FY 2007 appropriations
process, it is expected that most programs, including those that fund alcohol and drug prevention, treatment, and education services, will receive
funding level to fiscal year 2006 amounts for the 2007 fiscal year.
Funding requests in the President’s FY 2008 budget for programs providing drug and alcohol treatment,
prevention, education, and research are as follows:
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The Center for Substance Abuse Treatment (CSAT) would receive $352.1 million, a decrease of
$46.8 million from the FY 2007 CR. The FY 2008 funding recommendation for CSAT includes a request for $98 million to continue funding for the
Access to Recovery (ATR) program. The President’s ATR funding request includes $25 million to support methamphetamine addiction
treatment and recovery support services.
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The Safe and Drug-Free Schools and Communities (SDFSC) State Grants Program,
which supports community-based prevention programming through the Department of Education, would receive $100 million, a nearly $252 million cut from
the FY 2007 CR.
- Research at the National Institute on Alcohol Abuse and Alcoholism (NIAAA) and the
National Institute on Drug Abuse (NIDA) would receive $437 million and $1 billion, respectively, representing one million
increases for both Institutes over funding levels in the FY 2007 CR.
FY 2007 Funding Process:
The FY 2007 funding process continues in Congress; on January 31st, the House of Representatives approved a
$463.5 billion omnibus spending bill for the 2007 fiscal year, which began on October 1, 2006 and will run until September 30, 2007. The
spending bill includes programs in the Departments of Labor, Health and Human Services, Education and Justice. Under the House-approved
legislation, most programs, including those that fund alcohol and drug prevention, treatment, and education services, would receive funding level to
fiscal year 2006 amounts. The FY 2007 CR is set to expire on February 15th. The Senate is expected to finish consideration of the FY 2007
CR by the end of the week and it has been reported that President Bush is expected to sign the measure into law.
Additional information about the President’s budget requests for the DOJ can be found at: http://www.usdoj.gov/jmd/2008summary.
Additional information about the President’s budget requests for SAMHSA can be found at: http://www.samhsa.gov/Budget/FY2008/index.aspx.
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Legislation to Provide
Support for Programs Serving Pregnant and Parenting Women, and Individuals in the Criminal Justice System Introduced in the House
On January 11th, Representative Barbara Cubin (R-WY) introduced H.R. 405, the “Family Based Meth Treatment Access Act of
2007.” Congresswoman Cubin introduced similar legislation in the 109th Congress. H.R. 405 would authorize two grant programs to support
programs that provide residential treatment programs for people who were incarcerated for nonviolent offenses, and pregnant and parenting
women.
H.R. 405 would amend the Public Health Service Act by authorizing a $70 million grant program for residential substance abuse
treatment programs that serve pregnant and parenting women. The Substance Abuse and Mental Health Services Administration (SAMHSA) would
oversee the grant program. To receive the grant money, the affected programs would be required to be accessible to pregnant and parenting women
in low-income categories and health disparity populations. Priority would be given to rural areas with limited addiction treatment and mental
health treatment services, and to areas with high rates of methamphetamine addiction. Grantees would be required to submit reports including
program evaluations, data on the number of pregnant and parenting women that are in need of, but not receiving, treatment for methamphetamine
addiction, as well as data on recovery and relapse rates of women receiving treatment under this program.
H.R. 405 would also authorize a $40 million-per year grant program to support programs providing family treatment alternatives to
incarceration. This grant program is aimed at reducing substance abuse among people convicted of nonviolent crimes. Grants, cooperative
agreements, and contracts could be awarded to public and nonprofit entitles that assist local jails and detention centers in building comprehensive
family-based substance abuse treatment services to pregnant and parenting adults who are incarcerated for nonviolent offenses. These monies
could go to any type of drug addiction program, with priority given to rural areas and those with high rates of addiction to any drug including
methamphetamine. Grant applicants would be required to must prove the capacity to provide the aforementioned services as well as showing that
they meet the state substance abuse treatment licensing and certification requirements. Grantees would be required to have comprehensive,
long-term family treatment programs that are focused on the parent and child and include a residential component; state licensing compliance; and
mandatory and periodic drug testing.
H.R. 405 currently has five bipartisan co-sponsors. After being introduced, the bill was referred to the House Committee on
Energy and Commerce where it awaits review.
Federal Criminal Record Expungement Legislation Introduced in the
House
On January 22nd, Representative Charles Rangel (D-NY) introduced H.R. 623, legislation that would permit the expungement of criminal
records for certain individuals convicted of federal nonviolent offenses. H.R. 623 would amend the federal criminal code to allow individuals to
file petitions for expungement of nonviolent federal criminal records. Individuals seeking to have their criminal records expunged would be
required to have:
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never been convicted of a violent offense or any other nonviolent offense other than the one for which the expungement is sought;
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fulfilled all the requirements of the sentence of the court in which conviction was obtained;
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be deemed rehabilitated by the court and have remained free from alcohol or substance dependence for at least one year;
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received a high school diploma or completed a GED equivalency program; and
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completed at least one year of community service.
Individuals meeting these criteria could file an expungement petition in the court where they were adjudicated, which would then be
served on the U.S. Attorney for the district. Within 60 days, the U.S. Attorney would be required to submit recommendations to the court and
notify the petitioner. The presiding court would then review the individual’s eligibility requirements and weigh the interests of the
petitioner against the best interests of justice and public safety and make a determination.
Under the legislation, the expungement order would restore the criminal record of the individual to the status that it was before
the arrest or institution of criminal proceedings for the crime that was the subject of the expungement. After the expungement was granted,
individuals would not be required to divulge information pertaining to the expungement. The conviction would no longer disqualify any
individual to pursue or engage in lawful activities, occupations or professions, nor would it hold them to perjury or making a false statement
because they did not mention this particular arrest or criminal proceeding. The expungement would be reversed and the individual’s
record would be restored only if that person was subsequently convicted of a federal or state offense.
Under H.R. 623, all official court and law enforcement records would be sealed and expunged. The only thing remaining would be
a nonpublic record of the disposition or conviction which would be held by the Department of Justice only to be used by the courts in subsequent
adjudication. This nonpublic record would only include the name of the individual, the word “expunged,” and the agency, office or
department that holds the records. These records would only be used by prosecutors, law enforcement, or courts that might subsequently
adjudicate the named individual. Improper disclosure of such records would result in a fine and/or imprisonment of up to one year.
H.R. 623, the “Second Chance for Ex-Offenders Act of 2007,” has been introduced in previous
Congresses by Congressman Rangel. Following introduction, H.R. 623 was referred to the House Committee on the Judiciary where the bill awaits
review.
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Legislation to Provide Universal Health Care Introduced
in the House
On January 24th, Representative John Conyers Jr. (D-MI) introduced H.R. 676, the “United States National Health Insurance
(USNHI) Act” in the House of Representatives. This legislation seeks to provide for comprehensive health insurance coverage for all
United States residents. H.R. 676 also seeks to emphasize the importance of good public health through disease prevention as well as to reduce
health disparities that currently exist because of race, ethnicity, income and geographic region.
Under the legislation, each U.S. resident would be provided with a United States National Health Insurance Card. The bill
requires that the health insurance benefits cover all necessary medical services to minimally include:
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primary care and prevention
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inpatient, outpatient, emergency and long-term care
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prescription drugs
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medical equipment
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substance abuse treatment services, and
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mental health services
According to H.R. 676, only public and not-for-profit institutions would be able to administer medical services. Health care
facilities would also be required to meet regional and state licensing and quality requirements. The program would pay each hospital, nursing
home, community health center, home care agency or other institutional provider a monthly lump sum to cover all operating expenses. Health
professionals including doctors, dentists, psychologists, chiropractors, optometrists, nurses, midwives, physicians’ assistants and other
clinicians would be paid through: fee for service payment, salaried positions in institutions receiving funds or salaried positions within group
practices or non-profit health maintenance organizations.
Under the legislation, the Secretary of Health and Human Services (HHS) would be required to appoint a director of USNHI who would
then appoint long-term care and mental health directors as well as a director for an office of quality control. In addition, a National Board
of Universal Quality and Access would be established that would consist of 15 members to be appointed by the President with the advice and consent of
the Senate. The board would represent a range of persons including: health care professionals, institutional providers of health care, health
care advocacy groups, labor unions; and citizen patient advocates. The board would meet twice a year and advise the HHS secretary and the USNHI
director to ensure quality access and affordability with regard to: access to care; quality improvement; reimbursement levels of health care
providers; long term care; mental health and substance abuse services; and, staffing levels and working conditions in health care delivery
facilities.
Currently, H.R. 676 has 52 Democratic co-sponsors. After being introduced, H.R. 676 was referred to the
House Energy and Commerce, Ways and Means and Natural Resources Committees where the legislation awaits review.
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